On July 14, 2025, Joint Resolution No. 38/2025¹ from the Secretariat of Health Management and the Secretariat of Agriculture, Livestock, and Fisheries was published in the Official Gazette, introducing modifications to the Argentine Food Code² (the “CAA”) regarding fortified foods and those beverages that may be supplemented with vitamins and/or minerals.

Resolution No. 38/2025 becomes effective on July 14, 2025, and the modifications introduced are as follows:

1. Modification of fortified foods under Article 1363 of the CAA

Article 1363 of the CAA defines fortified foods as those that have been significantly supplemented, causing the proportion of proteins, amino acids, vitamins, minerals, and/or essential fatty acids to be higher than that of the average natural content of the regular food item.

In this regard, both in its previous wording and with the modifications introduced by Resolution No. 38/2025, Article 1363 of the CAA prohibits the fortification of meat and meat products, ice cream, sugary foods, water, carbonated water, and mineral water, whether sparkling or still.

However, concerning non-alcoholic beverages or powders to prepare them, the previous wording of Article 1363 of the CAA only permitted the fortification of those containing juice in their composition.

Following the modification introduced by Resolution No. 38/2025, the following may be fortified: (i) non-alcoholic beverages (carbonated or not) that are juice-based and contain no less than ten percent (10%) juice by volume; (ii) non-alcoholic beverages (carbonated or not) that are made from a lemon juice base and contain no less than five percent (5%) juice content by volume; (iii) non-carbonated products containing at least twenty percent (20%) of their volume composed of juices, concentrated juices, and/or fruit or vegetable juices and pulps, intended for preparing non-alcoholic beverages by dilution; and (iv) drinkable vegetable preparations.

2. Incorporation of supplemented beverages and powders to prepare them into Articles 1360 and 1361 of the CAA

Additionally, Resolution No. 38/2025 incorporated the category of “supplemented beverages” into Article 1360 of the CAA, which includes all non-alcoholic beverages (carbonated or not) in which the proportion of vitamins and/or mineral substances is higher than the average natural content of the regular product due to significant supplementation.

In these cases, a serving of the supplemented beverage must provide between fifteen percent (15%) and twenty percent (20%) of the Recommended Daily Requirements (RDR) established for vitamins and minerals in Chapter V of the CAA. In cases where the supplemented beverage is intended for specific population groups, the vitamin and mineral content must represent between fifteen percent (15%) and twenty percent (20%) of the recommended values in Article 1387 of the CAA.

The nutrients added to this type of beverage must (i) be stable in the food under normal conditions of storage, distribution, sale, and consumption; (ii) have adequate bioavailability; and (iii) not be incompatible with any of the food’s components or with another added nutrient.

Furthermore, in the same vein as supplemented beverages, Resolution No. 38/2025 incorporated the category of “powder to prepare supplemented beverages” into Article 1361 of the CAA. The product obtained from the use of these powders must comply with the requirements established for supplemented beverages.

3. Incorporation of hydro-electrolytic supplements into Article 1362 of the CAA

Moreover, Resolution No. 38/2025 incorporated the category of “hydro-electrolytic supplements” into Article 1362 of the CAA, which includes non-alcoholic beverages, carbonated or not, intended for hydro-electrolytic replenishment and containing sodium and potassium in the concentrations defined by the standard.

Beverages that may be defined as hydro-electrolytic supplements are those containing (i) between four hundred and fifty (450) and one thousand one hundred and fifty (1150) milligrams of sodium per liter of ready-to-consume product; and (ii) between seventy-eight (78) and seven hundred (700) milligrams of potassium per liter of ready-to-consume product.

These types of products may be made with juice, juice and pulp, or concentrated fruit or vegetable juices. Additionally, they may contain (i) additives approved for non-alcoholic beverages; (ii) nutritive and non-nutritive sweeteners; and (iii) other minerals, carbohydrates, and vitamins, provided that the recommended daily intake values established in Chapter V of the CAA are not exceeded in a serving of the product.

4. Compliance Period

Finally, Resolution No. 38/2025 grants companies a compliance period of two (2) years from July 14, 2025, during which they must adapt their processes and labels to this new regulation.

For more information on this matter, we suggest contacting Ignacio González Zambón (igzambon@tca.com.ar), Magdalena Carbó (mcarbo@tca.com.ar), and/or Andrea Laurenza (alaurenza@tca.com.ar).

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1. Available online at https://www.boletinoficial.gob.ar/detalleAviso/primera/328289/20250714. ↩︎
2. Available online at https://www.argentina.gob.ar/anmat/codigoalimentario ↩︎